Ord #023-3rd Ser/Extending interim moratorium re: wetland atlerations

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ORDINANCE NO. 23 ,3RD SERIES AN ORDINANCE EXTENDING AN INTERIM MORATORIUM PROHIBITING WETLAND ALTERATIONS AND PROHIBITING THE GRANTING OF BUILDING OR LAND ALTERATION PERMITS OR PERMIT APPROVALS, PRELIMINARY SUBDIVISION APPROVAL, ZONING (CUP/VARIANCE) APPROVAL, REZONING, OR PUD APPROVAL, INVOLVING ALTERATIONS OF WETLANDS AND AREAS WITHIN 26 FEET OF WETLANDS THE CITY OF ORONO ORDAINS: The Municipal Code of the City of Orono is amended by adding Ordinance No. �3_, 3rd Series. SECTION 1. Statement of Policy, Findin�s and Purpose• The City Council in order to update its floodplain ordinances no later than September 2, 2004 to remain in compliance with the requirements of the Federal Emergency Management Agency (FEMA) and the Minnesota Department of Natural Resources, adopted Ordinance No. 16, Third Series on August 23, 2004. Said Ordinance deleted both the existing floodplain and wetland regulations which were intertwined within the pre-existing ordinance, but only adopted new floodplain regulations, leaving the City without wetland regulations in effect. The City Council has reviewed a proposed new wetland ordinance to replace the prior ordinance. However, the City Council has not yet had adequate opportunity to fully study and consider the potential impacts of the proposed new wetland ordinance, and the Council desires to further study and evaluate the proposed ordinance before its adoption. The Council finds that in order to prevent any activities that would negatively alter or impact wetlands while the proposed ordinance is being studied, it is desirable that the Council establish a moratorium on all wetland alteration activities until a study has been completed and a new wetland ordinance adopted. Since enactment of an amendment to the code would undoubtedly modify previous wetland regulations, the granting of building permits and land alteration permits, preliminary approval of subdivision applications, zoning (CUP/Variance) applications, rezoning applications, or PUDs, which involve wetland alterations would be contrary to the purpose of the zoning enabling act, Minnesota Statutes Section 462.351, et seq. The Council further finds that it would be unwise, improper and unjust to allow wetland alteration activity to occur during this study. Pursuant to the above findings, the City Council on August 23, 2004 adopted Ordinance No. 17, 3rd Series, declaring a six month moratorium on all activity involving alteration of wetlands. During the effective period of the moratorium, land alteration activity on all real property within the City of Orono which can be defined as "wetlands" within the meaning of that term given it in Minnesota Statutes Section 103G.005, Subd. 19, and on all property within 26 feet of the boundary of such wetlands, is prohibited. The moratorium expires on February 23, 2005. 121092142v1 786748